SHAM SINGH Vs. SARABJIT KAUR

JUDGEMENT

(1.) The petitioners seek the quashing of Criminal Complaint No. 12 of 1997 titled "Sarabjit Kaur v. Sham Singh and 16 others", under Sections 494/109, IPC pending in the Court of Judicial Magistrate, Ist Class, Amritsar (copy Annexure P1) and the order of summoning dated 24-8-1997 (copy Annexure P2).

(2.) Sarabjit Kaur/respondent, daughter of Mohinder Singh, resident of Village Ibban, tehsil and district Amritsar, was married with petitioner No. 1/Sham Singh, son of Jagjit Singh, resident of Village Thanni Inna Khera, district Mukatsar, on 3-11-1984 according to Sikh rites and ceremony of Anand Karaj in the presence of Guru Granth Saheb. After the marriage, she came to the house of petitioner No. 1 and lived there as his wife. Sham Singh and his family members were not happy with the dowry given in the marriage and they used to harass and torture her for bringing more dowry. A case under Ss. 498-A/406, IPC was filed by Sarabjit Kaur-respondent against her husband/Sham Singh, Nachhatar Singh, Bakshish Singh and Narinder Kaur. She was also granted maintenance under Sec. 125, Cr. P.C. A daughter was born out of the wed-lock, who is residing with the mother. It was alleged that when Sarabjit Kaur was pregnant, she was turned out of the matrimonial home just in three clothes only. A panchayat was taken to the house of Sham Singh for resolving the dispute. She, however, found that a new woman (Charanjit Kaur) petitioner No. 13 was living in the house of her husband. On enquiries made from Joginder Singh, son of Naurang Singh of village Jhamke, Amrik singh son of Dhara Singh, resident of Goneana and Major Singh, son of Ajaib Singh, resident of Sandhu Colony, Vijay Nagar, Amritsar, it was revealed that Charanjit Kaur, daughter of Mukhtiar Singh, resident of Tahni Kamal Wala, was married with Sham Singh/petitioner No. 1 on 15-4-1993 in the presence of the aforesaid persons. They told Sarabjit Kaur respondent that the marriage party was brought by Sham Singh at village Tahni Kamal Wala and in their presence the ceremony of Anand Karaj took place. The aforesaid persons had raised the issue of Sham Singh being already married with Sarabjit Kaur, but no heed was paid to them and the second marriage took place.

(3.) On these averments, a criminal complaint was filed on 1-4-1997. The learned Judicial Magistrate, Ist Class, Amritsar, after hearing the complainant/wife and perusing the evidence of Granthi Sher Singh and Major Singh (PW 3) was of the view that there were sufficient grounds to proceed against all the accused (Nos. 1 to 17) for trial. Accordingly, vide the impugned order dated 28-4-1997, the petitioners were summoned as accused under Section 494, I.P.C.